89-4060 Policy Procurement of Block Grant FundsKinn -Cox Printing — Salina, Kansas
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RESOLUTION NUMBER 89-4060
A RESOLUTION ESTABLISHING A POLICY FOR PROCUREMENT OF
SUPPLIES, EQUIPMENT, CONSTRUCTION AND SERVICES WITH COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
WHEREAS, the City of Salina, Kansas, desires to ensure that sound
business. judgement is used in all procurement transactions and that supplies,
equipment, construction . and services are obtained efficiently and economically
and in compliance with applicable Federal, State and Local laws, SO NOW,
THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas, that the following be made a part of the policy of said city:
Section 1. This policy applies to. the procurement of all supplies,
equipment, construction and services for the City of Salina paid for with
Community Development Block Grant funds.
Section 2. No elected official, staff or agent of the City, who
exercises any function or responsibility in. connection with the carrying out of a
procurement shall benefit from the procurement.
Should the City contract with an outside entity for services or
materials, no employee of said outside entity shall benefit from the involved
activity beyond payment for services or materials agreed upon.
No elected official, staff or agent of the City, who exercises any
function or responsibility in connection with procurement, shall solicit or accept
favors or gratuities from contractors or potential contractors, except that such
persons may accept unsolicited advertising or promotional items. The standards
used to determine what are favors or gratuities are found in K.S.A. 46-237 (a)
and (d).
Any elected officials, staff, or agent of the City who exercises any
function or responsibility in connection with a given procurement who is found in
violation of this policy, shall reimburse all financial benefits he/she has received
and shall return all favors or gratuities accepted from contractors or potential
contractors.
Section 3. All procurements, regardless of dollar amount, must be
conducted to provide maximum open and free competition.
Procurements shall be reviewed by the appropriate department
supervisor to avoid unnecessary duplicate purchases and to ensure costs are
reasonable. 'All payments of bills must be authorized by the Finance Director.
Payment for bills will not be authorized if they are not in compliance with this
policy.
KUh, C . Printing — Salina, Kansas
The award of contracts and procurement requests over $10,000 will be
authorized by the City Commission and the final selection of the consultant,
contractor, or goods and service provider will be made by the City Commission.
The method of contracting will be appropriate to the procurement
(fixed price, cost plus fixed fee, purchase orders, etc.) . In Federally funded
projects, cost plus percentage of cost contracts are prohibited.
When competitive bidding procedures are followed, the award of
contracts will be made to the lowest responsible bidder, taking into consideration
conformity with the specifications and other criteria included in the Request for
Bid.
There will be no discrimination with regard to race, age, sex, color,
national origin, ancestry, marital status, or handicap in procuring goods and
services. Positive efforts will be made to utilize disadvantaged businesses
and/or women -owned businesses in the notification and possible award of
contracts.
Section 4. Procurement of goods and services will be made by one of
the following methods: (A) small purchase procedures; (B) competitive sealed
bids; (C) competitive negotiation; or (p) noncompetitive negotiation. .These
procedures are described as follows:
(A) Small purchase procedures
The City will follow standard procurement procedures for procurement
of services, supplies, or other property, costing in the aggregate no
more than $10,000. Price or rate quotations will be. obtained from an
adequate number of qualified sources; approximately three sources will
be contacted. Documentation of quotations will be placed 'in the
procurement file. For procurements under $500, a price or rate
quotation from one source is considered adequate.
(B) Competitive sealed bids
Competitive sealed bids are publicly solicited through formal
advertising, and a firm fixed price contract (lump sum or unit price)
is awarded to the lowest responsible bidder who conforms with all
materials terms and conditions of the Request for Bid.
1. Appropriate conditions in order for formal advertising to be
feasible must be present, including, as a minimum, the following:
i. A ' complete, adequate and realistic specification or purchase
description.
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ii. Two or more responsible suppliers or contractors who are
willing and able to compete effectively for the City's
business.
iii. The
procurement
lends itself to
a firm
fixed price contract,
and
selection of
the successful
bidder
can be appropriately
made primarily on the basis of price.
2. When formal advertising is used for a procurement, the following
requirements will apply:
i. A sufficient time prior to the date set for opening of bids
which are solicited from an adequate number of suppliers or
contractors. In addition, . the Request for Bids will be
publicly advertised in a newspaper `of general circulation.
ii. The Request for .BJds, including specifications and_ pertinent
attachments, will clearly define the items or services needed
in order for the bidders to properly respond to the Request.
iii. All bids will be opened publicly at the time and place stated
in the Request for Bids.
iv. A firm
fixed
price
contract award will
be
made by
written
notice
to the
lowest
responsible bidder
who
conforms
to the
Request for Bids.
v. The City reserves the right to reject any or all bids.
3. A bid bond or certified check in the amount of 5% of the bid
amount shall be required on all construction bids and may be
required on other competitive bids.
(C) Competitive negotiation
With , competitive negotiation, Request for Proposals are solicited from a
number of sources. 'Competitive negotiations may be used if conditions
are not appropriate for the use of competitive sealed bids. If
competitive negotiation is used for procurement, the following
requirements shall apply:
i. Proposals will be solicited from an adequate number of
qualified sources to permit reasonable competition consistent
with the nature and requirements of the procurement. The
Request for Proposals will be publicized in a newspaper of
general circulation and reasonable requests by other sources
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to compete will be honored to the maximum extent
practicable.
H. The Request for Proposal will identify all significant
evaluation factors, including price or costs where
appropriate.
iiia The City will provide mechanisms for technical evaluation of
the proposal received, determinations of reasonable
competitors for the purpose of written or oral discussions,
and selection for contract award.
iv. The City may use competitive negotiation procedures for
procurement of architectural/ engineering and other
professional services whereby competitor's qualified and
proposals are evaluated and most highly evaluated competitor
is selected, subject to negotiation for fair and reasonable
compensation.
v. Awards will be made to the responsible competitor whose
proposal will be most advantageous to the City, price and
other factors considered. Unsuccessful competitors will be
notified promptly.
(D) Noncompetitive negotiation
This is a method of procurement through
solicitation of a proposal from only one source, or after solicitation of
a number of sources, competition is determined to be inadequate.
Noncompetitive negotiation may be used under the following
circumstances:
i. The item in question is available from only a single source.
ii. After solicitation of a number of sources, competition is
determined to be inadequate.
iii. Public exigency or emergency when the urgency for the
requirement will not permit a delay incident to competitive
negotiation.
iv. Sole source procurement for supplies, equipment,
construction, or services of $10,000 or more must have prior
approval of the City Commission.
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(E) Another method of procurement must have prior approval of the City
Commission.
Section 5. Performance bonds and certificates of insurance may be
required
on any
procurement as
determined
by the
City
Manager. Construction
contracts
shall
require a 100%
performance
bond
and
a 100% statutory bond.
Section 6. This is a basic procurement policy document. It is
understood
that individual departments of
the
City
government will have
additional
requirements 'related to specific
needs
or
situations and certain
procurements may have additional or different. requirements imposed by law or
regulation.
Section 7. This resolution shall be in full force and effect from and
after its adoption.-
Adopted
doption:Adopted by the Board of Commissioners °and signed by the Mayor this
13th day of February, 1989.
[SEAL]
ATTEST:
Ao- � 5L-W�
Jacquepine Shiever, City Clerk
Sydney Soderberg, Mayor